Ngaruiya v Mutuku (Being Sued as the Chairman for and on Behalf of Runda Paradise Residents Association) (Civil Appeal (Application) E370 of 2023) [2025] KECA 2251 (KLR) (19 December 2025) (Ruling)

Ngaruiya v Mutuku (Being Sued as the Chairman for and on Behalf of Runda Paradise Residents Association) (Civil Appeal (Application) E370 of 2023) [2025] KECA 2251 (KLR) (19 December 2025) (Ruling) Neutral citation: [2025] KECA 2251 (KLR) Republic of Kenya In the Court of Appeal at Nairobi Civil Appeal (Application) E370 of 2023 DK Musinga, JA December 19, 2025 Between Mungai Ngaruiya Appellant and Thaddeus Mutuku (Being Sued as the Chairman for and on Behalf of Runda Paradise Residents Association) Respondent (An appeal from the Ruling and Orders of the Environment and Land Court of Kenya at Thika (J. G. Kemei, J.) dated 23rd March 2023 in ELC No. E128 of 2021 [Environment & Land Case E128 of 2021](https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16643/eng@2023-03-23) ) Ruling 1.By an application dated 17th September 2025 the firm of N. K. Mugo and Company Advocates seeks leave to cease acting for the appellant in this matter for the reason that the appellant has persistently failed, refused and/or neglected to settle their legal fees. 2.The appellant was served with the application but has not filed any response. He has, however, appointed the firm of M/s Wamae & Allen LLP to act for him in place of N. K. Mugo & Company Advocates.The newly appointed firm has already filed a Notice of Change of Advocates dated 18th September 2015. 3.In the circumstances, the orders sought are granted as prayed. **DATED AND DELIVERED AT NAIROBI THIS 19 TH DAY OF DECEMBER, 2025.****D. K. MUSINGA, (PRESIDENT)****……………………………****JUDGE OF APPEAL** I certify that this is a true copy of the original.Signed**DEPUTY REGISTRAR.**